Where do our rights come from?  The answer to this question is at the heart of the pine tree flag that was flown by soldiers and sailors during the Revolutionary War. The Founding Fathers were very clear about where they believed rights came from. In the Declaration of Independence, the Founders say that their “unalienable rights” were “endowed by their Creator”.  This was a distillation of hundreds of years of religious and enlightenment thought and writing. Because their rights came from God, the role of government was not to provide rights, but to protect their natural rights from people or governments that would infringe them. 

If a government were to attempt to subvert a people’s natural rights, who could the people appeal to for justice? At that point, the only recourse is an appeal to God or Heaven to protect their natural rights.

The actual phrase comes from a passage in John Locke’s Second Treatise of Government (1689): “And where the body of the people, or any single man, is deprived of their right, or is under the exercise of a power without right, and have no appeal on earth, then they have a liberty to appeal to heaven, whenever they judge the cause of sufficient moment . . . And therefore, though the people cannot be judge, so as to have, by the constitution of that society, any superior power, to determine and give effective sentence in the case; yet they have, by a law antecedent and paramount to all positive laws of men, reserved that ultimate determination to themselves which belongs to all mankind, where there lies no appeal on earth, viz. to judge, whether they have just cause to make their appeal to heaven.” [emphasis added]

As war between American colonists and British regulars began in 1775, the colonists stressed that the need for war was to defend their natural rights, or the “rights of Englishmen.”  Supporters of the patriot cause developed numerous flags and banners that highlighted the cause for which they were fighting.  These banners which flew from ships, forts, and carried into battle often included symbols and motifs as well as words and phrases.  There were rattlesnake flags with the words “Don’t Tread on Me”.  There were regimental flags with Latin phrases.  Many included stars and stripes, though a standard American national flag was not developed by the Congress until 1777.  Among the banners and flags created in the early days of the conflict that demonstrated the justice of their cause, was an “Appeal to Heaven” flag.

This popular flag that was flown by the colonists was a white flag with a green pine tree in the center and the words “An Appeal to Heaven” (sometimes it would say “An Appeal to God”) scrawled across it. No version of this flag still exists today, but descriptions from the time tell us what it looked like. This flag had much symbolism beyond the important phrase.

The pine tree symbolized the New England colonists’ home. The pine tree had long been used as a symbol of Massachusetts during the colonial period.  The eastern white pine was very common to the area and New Englanders adopted the tree as a symbol of their land as early as the 17^th century. As the colonies went to war with Great Britain in 1775, many Massachusetts troops carried flags with pine trees on them.  New England Continental army units used pine tree flags in battle, such as at Bunker Hill.  The colonial leader Dr. Jospeh Warren used the phrase “appeal to Heaven” in a letter he penned to the people of Great Britain after the first battles at Lexington and Concord in which he noted that “to the persecution and tyranny of his cruel Ministry we will not tamely submit; appealing to Heaven for the justice of our cause, we determine to die or be free.” He lived up to his words.  In one account, at the Battle of Bunker Hill, just before being shot in the head, Dr. Jospeh Warren pointed to one of the “Appeal to Heaven” flags and asked his men to remember what they were fighting for.

Following the incredibly bloody Battle of Bunker Hill, and following George Washington’s arrival as commander-in-chief of the Continental Army, the Continental Congress published a declaration of “the Causes and Necessity of their taking up Arms.” In this declaration the Congress asserts that they had no “ambitious Designs of separating from Great Britain, and establishing Independent States”, but that they were “resolved to die Freemen rather than to live Slaves.”

This declaration reached the army encamped outside Boston in mid-July. General Israel Putnam had his division paraded at Prospect Hill on July 18, 1775 where the declaration was read to the troops.  A flag had been sent to Putnam from Connecticut and it was unfurled after reading the declaration and a prayer.  As the flag was raised, the wind caught it and unfurled it. On one side was emblazoned “An Appeal to Heaven” and on the other side “Qui Transtulit Sustinet” which is Latin for “He Who Transplanted Still Sustains.”  Included on this banner was the Connecticut armorial bearings.

By October of 1775, not just army units were using this banner, but also American floating batteries and ships were flying it. Col. Joseph Reed wrote to two other officers: “Please to fix upon some particular colour for a flag, and a signal by which our vessels may know one another. What do you think of a flag with a white ground, a tree in the middle, the motto “Appeal to Heaven”? This is the flag of our floating batteries.”  By January of 1776, British newspapers were reporting the flag flying from American privateers.  In April of 1776, the Massachusetts government directed that their naval forces use the banner.

Ultimately, the Patriots’ appeal was answered, and the United States won its freedom from British rule.  Today, the flag symbolizes a central aspect our Revolution: that our rights come from God and when tyrannical governments attempt to deny those rights, we have a right and a duty to appeal to the highest level.